DWI and DUI (N.J.S. 39:4-50)

DWI, DUI, and refusal are serious charges and can have many life-altering consequences. While they are not criminal charges, the repercussions of DWI, DUI or refusal convictions can be just as burdensome. A DWI or DUI is written in Brick Township when a motorist operates a motor vehicle while an officer believes them to be under the influence of an intoxicating liquor, a narcotic, a habit forming drug (legal or illegal), or hallucinogenic. If a motorist is pulled over and is suspected of operating the motor vehicle while under the influence, he or she will be asked to submit to a breath test. If he or she consents, the Alcotest® 7110 MKIII-C will be used to determine their BAC. The new Alcotest® uses a sophisticated approach in measuring BAC by (1) infrared technology and (2) and electro chemical analysis. If the motorist blows a 0.08% BAC or above, he or she will be charged with a per se DWI or DUI. However, an individual can be charged with a DWI or DUI with a BAC reading lower than 0.08% if there is a combination of drugs and/or alcohol or if they appear to be intoxicated, despite the lower reading. Generally, the officer may testify that the individual slurred words, staggered, had glassy eyes, and fumbled while producing documentation. Readings below 0.08% with no drugs (legal or illegal) can be difficult for the state to prove but the facts of each individual case will generally dictate the outcome.

Contact the experienced DWI lawyers of Villani & DeLuca at 732-965-3404 for a free initial consultation today.

  • First  DWI Violation in Brick Township
    • If BAC is 0.08% or higher but less than 0.10%
  1. Loss of license for up to 3 Months
  2. Fine of up to $400.00
  3. 12 to 48 hours of detainment as prescribed by IDRC
  4. Up to 30 days in jail
  5. Installation of Ignition Interlock Device (court discretion)
  6. Other fines and penalties
  • If BAC is 0.10% or higher but less than 0.15%
  1. Loss of License from 7 months to 1 year
  2. Fine of up to $500.00
  3. 12 to 48 hours of detainment as prescribed by IDRC
  4. Up to 30 days in jail
  5. Installation of Ignition Interlock Device (court discretion)
  6. Other fines and penalties
  • If BAC is 0.15% or higher
  1. Loss of License from 7 months to 1 year
  2. Fine of up to $500.00
  3. 12 to 48 hours of detainment as prescribed by IDRC
  4. Up to 30 days in jail
  5. Mandatory installation of Ignition Interlock Device
  6. Other fines and penalties
  • Second DWI Violation in Brick Township
  1. Loss of license for up to 2 years
  2. Fine of up to $1,000.00
  3. 30 days of community service
  4. Up to 90 days in jail
  5. Mandatory installation of an Ignition Interlock Device
  6. Other fines and penalties
  • Third or Subsequent DWI Violation in Brick Township
  1. Loss of license for up to 10 years
  2. Imprisonment of no less than 180 days
  3. Fine of $1,000.00
  4. Mandatory installation of Ignition Interlock Device
  5. Other fines and penalties

Contact the experienced DWI lawyers of Villani & DeLuca at 732-965-3404 for a free initial consultation today.